People ex rel. Blue v. Kearney

That no person shall be subject to be twice put in jeopardy for the same offense, is one of the original provisions of the Constitutions of the State of New' York (art. I, § 6) and of the United States (5th Amendt.). In 1881, a law enacted in this State provided: “■ If it appear by the testimony, that the facts proved constitute a crime of a higher nature than that charged in the indictment, the court may direct the jury to be discharged, and all proceedings on the indictment to be suspended, and may order the defendant to be committed, or continued on or admitted to bail, to answer any new…